Private Adoption in Nova Scotia: How Section 68 Agreements Work

Families who move to Nova Scotia from other provinces — or who research adoption expecting to find a network of private agencies like those in Ontario or British Columbia — often hit a wall. The private adoption infrastructure that exists in larger provinces does not exist here in the same form. Nova Scotia has very few fully licensed private adoption agencies. What it has instead is a framework built around the Section 68 voluntary placement agreement and a network of approved private practitioners.

If you are pursuing private domestic adoption in Nova Scotia, this is the system you will be working within.

What Is a Section 68 Agreement?

Section 68 of the Children and Family Services Act (CFSA) provides the legal authority for voluntary placement adoption. Under this section, a birth parent who has decided to relinquish a child can choose an adoptive family from a list of pre-approved applicants and enter a formal agreement for placement.

The term "private adoption" in Nova Scotia almost always refers to this Section 68 pathway. It is distinct from public adoption (where children are in state care) and from kinship adoption (where relatives formalize an existing relationship). In a Section 68 placement, the placement is initiated by the birth parent's voluntary choice — there is no court finding of neglect or abuse triggering it.

This pathway is statistically rare in Nova Scotia. Infant placements constitute the large majority of voluntary placements, and the number of infants available through this stream in any given year is small.

The Role of Approved Private Practitioners

Unlike provinces with licensed adoption agencies that manage the full process from intake to finalization, Nova Scotia's private stream relies heavily on individual approved practitioners — typically licensed social workers who have been authorized by DCS to conduct home studies and placement assessments.

There is no centralized agency matching birth parents with adoptive families the way Ontario's private agencies do. Instead:

1. A birth parent may work with a private practitioner or directly with DCS to identify pre-approved families
2. Adoptive families who want to be available for voluntary placements must have a completed, DCS-approved home study on file
3. The practitioner facilitates the matching and prepares the legal documentation

The absence of a central agency means prospective adoptive parents who want to be considered for voluntary infant placements must take specific steps to ensure they are visible to practitioners working with birth parents. Being in the DCS-approved database matters.

Consent and the Revocation Period

The legal safeguards around birth parent consent are critical to understand before entering a voluntary placement.

Mandatory waiting period before signing: A birth parent cannot legally sign a Section 68 adoption agreement immediately after birth. The mandatory waiting period exists to ensure that consent is not obtained under the immediate physical and emotional duress of labor and delivery. In Nova Scotia, the waiting period is typically ten days after the birth of the child.

Revocation period: After consent is signed, the birth parent has a revocation period — currently 21 days under recent legislative changes — during which they can change their mind and request the child's return. During this period, the placement is not legally final. Prospective adoptive families should understand this period clearly, because it is a time of genuine legal uncertainty.

Once the 21-day revocation period expires without the birth parent revoking consent, the placement becomes stable and the family can proceed toward finalization.

Involuntary consent dispensation: In some cases, a court can dispense with a birth parent's consent if that parent has had no contact with and provided no support for the child for a minimum of two years. This applies more commonly to step-parent and kinship adoption situations than to voluntary placements, but it is a mechanism worth knowing.

What Birth Parent Expenses Are Permitted

Nova Scotia law permits reimbursement of certain reasonable birth parent expenses during a voluntary placement. These may include medical costs not covered by the provincial health plan, counseling fees, and reasonable living expenses directly related to the pregnancy and placement. All such expenses must be approved in advance — payments to birth parents that go beyond permitted amounts are illegal under the CFSA and can void the adoption.

This is an area where legal counsel is genuinely important. Having a clear, written record of any financial arrangements made with a birth parent protects all parties.

Home Study Requirements for Private Placement

Whether you are working toward a Section 68 placement or providing a home study for an inter-provincial or international adoption, the home study requirements are the same substantive process as public adoption — criminal record checks (Vulnerable Sector), Child Abuse Register checks, physician statements, autobiography, reference letters, and home inspection.

The key difference is who conducts the study. For public adoption, DCS social workers conduct the home study at no cost to the family. For private adoption, you hire an approved private practitioner and pay their fee, which typically runs $2,500 to $3,000.

Once the practitioner completes the home study, it must be submitted to DCS for provincial approval. You cannot proceed to any placement without DCS having reviewed and approved the home study.

Inter-Provincial Private Adoption

If you are a Nova Scotia resident seeking to adopt a child who is in another Canadian province — or if you are a birth parent in Nova Scotia considering a family in another province — the process is an inter-provincial adoption. This requires coordination between the DCS and the equivalent provincial ministry in the child's home province, and both provinces' legal requirements must be satisfied, including potentially different consent and revocation periods.

Inter-provincial placements are complex and require early legal advice. The timelines are typically longer than domestic placements within one province.

How to Position Your Family for a Voluntary Placement

Given that Nova Scotia does not have a centralized private agency model, families who want to be considered for voluntary infant placements should:

1. Complete PRIDE training through DCS (even if you are not pursuing public adoption)
2. Have an approved home study on file with DCS
3. Work with a private practitioner or a family law lawyer to understand how birth parents and families are connected in practice
4. Understand that infant adoption in Nova Scotia requires patience — voluntary placements are infrequent and demand does not meet supply

The Nova Scotia Adoption Process Guide includes a breakdown of Section 68 requirements under the CFSA, what DCS approval of a private home study actually requires, and the practical steps for families positioning themselves for voluntary placements.

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